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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
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Part 300 - Assistance to States for the Education of Children With Disabilities |
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Subpart D - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements |
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Procedures for By-Pass |
§ 300.482 - Notice of intent to implement a by-pass.
Latest version.
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(a) Before taking any final action to implement a by-pass, the Secretary provides the affected SEA with written notice.
(b) In the written notice, the Secretary—
(1) States the reasons for the proposed by-pass in sufficient detail to allow the SEA to respond; and
(2) Advises the SEA that it has a specific period of time (at least 45 days) from receipt of the written notice to submit written objections to the proposed by-pass and that it may request in writing the opportunity for a hearing to show cause why a by-pass should not be implemented.
(c) The Secretary sends the notice to the SEA by certified mail with return receipt requested.